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IN RE NEURONTIN MARKETING AND SALES PRACTICES

Nos. 11-1904, 11-2096.

712 F.3d 21 (2013)

In re NEURONTIN MARKETING AND SALES PRACTICES LITIGATION. Kaiser Foundation Health Plan, Inc.; Kaiser Foundation Hospitals; Kaiser Foundation Health Plan of Colorado; Kaiser Foundation Health Plan of Georgia, Inc.; Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.; Kaiser Foundation Health Plan of Northwest; Kaiser Foundation Health Plan of Ohio, Plaintiffs, Appellees, v. Pfizer, Inc.; Warner-Lambert Company, LLC, Defendants, Appellants.

United States Court of Appeals, First Circuit.

April 3, 2013.

Attorney(s) appearing for the Case

Kathleen Sullivan , with whom Mark S. Cheffo , Katherine A. Armstrong , Quinn Emanuel Urquhart Oliver & Hedges LLP, and Skadden, Arps, Slate, Meagher & Flom LLP were on brief, for appellants.

David C. Frederick , with whom Scott K. Attaway , W. Joss Nichols , Caitlin S. Hall , Linda P. Nussbaum , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. and Grant & Eisenhofer, P.A. were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

LYNCH, Chief Judge.

This is an appeal from verdicts of over $140 million, reached by both a jury and a court, compensating Kaiser, a major health plan provider and insurer, for the injury Kaiser suffered by its payment for four categories of off-label Neurontin prescriptions which had been induced by a fraudulent scheme by Pfizer, the manufacturer of Neurontin. These verdicts followed a settlement that Warner-Lambert, a subdivision of Pfizer, had reached in a criminal...

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